1.- Privacy and protection of personal data.
For the purposes of Organic Law 15/1999, of 13th Of December, on the Protection of Personal Data, and according to its article 5, the users of the APP are informed that the personal data they provide through forms available to them in the APP will be included in a personal database managed by the Company ("NEKUNO, SL, a company with registered office at Calle Primavera de Praga, 11, local 11 (28030, Madrid), and CIF number B86255239), duly declared before the Data Protection State Agency (AEPD) .The purpose of collecting personal data is as follows:
To enable the management of requests to participate in commercial initiatives on the APP products and services;
To publish and make available to the Users, in a complete or limited way, images, information and any other data contained in the User's account associated with the APP, without the Company assuming any responsibility;
Sending out notifications, for which it may be used, among others, E-mail and mobile phones;
Send the User communications, both from the Company or from third-parties of commercial nature, by any channel, including e-mail. The User may decide not to allow the reception of commercial communications by informing the Company through the following e-mail address: email@example.com. This option is not applicable to the advertising built-in the APP described later in this clause;
Share with third parties information about profiles of the User in an anonymous fashion, that is, without including any specific individual personal data associated to the User, about their preferences.
In article 14.2 of Royal Decree 1720/2007, dated December 21, the User is granted a period of thirty days to express their refusal to treatment, and is advised that in the case of not pronouncing to that effect it will be understood that it consents to the use of her/his data by the Company.
The Company will protect personal data that the User may provide with the use of the APP, implementing all the security measures that the Company deems appropriate and proportionate to guarantee the security of the User’s personal data against access by unauthorized third parties.
The Company, as the entity responsible for such information, guarantees the exercise of the rights of Access, modification, and/or cancellation of the personal data provided by the User, and commits to respect its confidentiality and to use this data in accordance with the appropriate purpose referred to in these GCU.
For the exercise of the rights contained in this clause, as well as to revoke the consent given for the processing of data, the User must write to the Data Protection Unit of the Company, with offices at Calle Primavera de Praga, 11 - local 11, (28030 Madrid), or via email firstname.lastname@example.org.
Data provided by Users is carried out in accordance with all the security guarantees required by current legislation.
In the use of the APP the User acknowledges to know, accept and comply with the policies of use and privacy of the social networks through which, if appropriate, the User is authenticated and authorized to access the APP. Failure to comply with these policies will also lead to a breach of the terms of the present GCU.
The use of the APP by the User may be associated with the publication by the Company, in the aforementioned APP, of promotional content in the form of advertisements , campaigns, or any other format. These audiovisual or advertising contents can be optimized, personalizing them, based on the information provided by the User through the APP.
The Company uses analytical tools for the analysis and subsequent improvement of its commercial prospecting services for its own products and/or third party services. The User accepts that, through the use of such tools, the Company may analyze the information shared by the User through the APP.
2.- Intellectual and industrial property.
The Company owns the intellectual and industrial property rights over the APP and all the Content within. The designs, applications, text, images and source code of the APP are protected by intellectual and industrial property rights. In no way will the User be able to use, reproduce, copy or transmit the APP nor anything that is protected by intellectual and industrial property rights under the GCU, without prior, written, and explicit permission from the Company. The User is solely responsible, without limitation, for any Content generated by her/him and incorporated or disseminated by her/him through the APP, guaranteeing that she/he has all the consents and authorizations necessary for the publication of such Content via the APP, exonerating the Company of any legal responsibilities over the use of this Content. The User acknowledges and declares that all Content incorporated by the User to the APP is the User’s sole responsibility, being the sole guarantor of any potential damages caused to the Company or to third parties. The Company grants the User a license for installation and a non-commercial use of the APP, which does not allow the User to modify or redistribute the APP, totally or partially. The limits of the use, time and economic terms of the APP may vary according to future versions of the APP, and may be updated periodically by the Company, with a prior communication to Users of such variation. The Company is not responsible for changes or updates to the Content generated by Third parties and issued in the APP, including the advertisers. In case the User shares Content through the APP, the User authorizes the Company, free of charge and not exclusively, without any geographical or temporal limitation, to the leverage of such Content for commercial use through the APP; therefore, the Company may, without incurring in any consideration or obligation to the User, publish, modify, transform, compile, publicly communicate and, in the broadest terms, use and leverage in any way the shared Content from the User through the APP. If the User is aware of any infringement in the field of image rights or intellectual property and / or Industrial of the Content shared by the User through the APP, the User should communicate it as soon as possible by sending an email to: email@example.com.
3.- Jurisdiction and applicable law.
The present GCU shall be governed by common Spanish law.
Any dispute that arises between the Company and the User regarding the validity, efficacy, interpretation and execution of these GCU shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Madrid capital, unless the Law requires a different jurisdiction.